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STATE OF INDIANA ) IN THE MARION SUPERIOR COURT ) COUNTY OF MARION ) CAUSE NO. 49D01-1905-PL-018398 STATE OF INDIANA, ) ) Plaintiff, ) ) v. ) ) EQUIFAX INFORMATION SERVICES, ) LLC, EQUIFAX CONSUMER SERVICES ) LLC AND EQUIFAX INC., ) ) Defendants. )
FINAL JUDGMENT AND CONSENT DECREE
Plaintiff, State of Indiana, by Attorney General Curtis T. Hill, Jr. and Deputy Attorney
General Douglas Swetnam, filed a Complaint for a permanent injunction and other relief in this
matter pursuant to the Indiana Deceptive Consumer Sales Act, Ind. Code § 24-5-0.5 et seq.,
(“DCSA”), and the Disclosure of Security Breach Act, Ind. Code § 24-4.9 et seq., (“DSBA”),
alleging Defendants, Equifax Information Services, LLC, Equifax Consumer Services LLC, and
Equifax Inc., (collectively “Equifax”) committed violations of the DCSA and DSBA.
The State and Equifax have agreed to the Court’s entry of this Final Judgment and
Consent Decree without trial or adjudication of any issue of fact or law, and without admission
of any issue of fact or law alleged or liability of any kind.
I. PARTIES AND JURISDICTION
1. Plaintiff State of Indiana is represented by the Indiana Attorney General.
2. Defendants are Equifax Inc., Equifax Information Services LLC (“EIS”) (a
CONSUMER REPORTING AGENCY), and Equifax Consumer Services, LLC, with their
principal offices located at 1550 Peachtree St. NW, Atlanta, Georgia 30309.
Filed: 4/14/2020 8:45 AMClerk
Marion County, Indiana
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3. The Court has jurisdiction over the subject matter of this action and jurisdiction
over the parties to this action, and venue is proper in this Court pursuant to Ind. Trial R. 75(A)
(10).
4. Defendants, at all relevant times, have transacted business in the State of Indiana.
5. This Judgment is entered pursuant to and subject to Ind. Code §§ 24-5-0.5-4 and
24-4.9-4-2.
II. DEFINITIONS
6. For the purposes of this Judgment, the following definitions shall apply:
a. “2017 DATA BREACH” shall mean the data breach, first publicly
announced by EQUIFAX on September 7, 2017, in which a person or persons gained
unauthorized access to portions of the EQUIFAX NETWORK.
b. “2017 BREACH RESPONSE SERVICES AND PRODUCTS” shall mean
the following complimentary support services and/or products provided by EQUIFAX, its
affiliates, or third parties retained by EQUIFAX or its affiliates, in response to the 2017 DATA
BREACH: TrustedID Premier; Equifax Credit Watch Gold with 3 in 1 Monitoring (offered to
consumers as a print alternative to TrustedID Premier); the IDNotify product offered for free
through Experian; Lock & Alert; and the credit protection services required by Paragraph 42.
c. “AFFECTED CONSUMERS” shall mean all consumers residing in
Indiana who had their PERSONAL INFORMATION accessed by unauthorized individuals in
connection with the 2017 DATA BREACH.
d. “ATTORNEY GENERAL” shall mean the Attorney General of the state
of Indiana.
e. “CFPB STIPULATED ORDER” shall mean the Stipulated Order for
Permanent Injunction and Monetary Judgment entered on July 23, 2019 in the matter of Bureau
of Consumer Financial Protection v. Equifax, Inc., Case No. 19-3300-TWT (N.D. Ga. July 23,
2019).
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f. “CLEARLY AND CONSPICUOUSLY” shall mean that such statement,
disclosure, or other information, by whatever medium communicated, including all electronic
devices, is (a) in readily understandable language and syntax, and (b) in a type size, font, color,
appearance, and location sufficiently noticeable for a consumer to read and comprehend it, in a
print that contrasts with the background against which it appears.
i. If such statement, disclosure, or other information is necessary as a
modification, explanation, or clarification to other information with which it is presented, it must
be presented in proximity to the information it modifies in a manner that is readily noticeable and
understandable; and
ii. In any communication using an interactive electronic medium,
such as the internet or software, the disclosure must be obvious.
g. “COMPENSATING CONTROLS” shall mean alternative mechanisms
that are put in place to satisfy the requirement for a security measure that is determined by the
Chief Information Security Officer or his or her designee to be impractical to implement at the
present time due to legitimate technical or business constraints. Such alternative mechanisms
must: (1) meet the intent and rigor of the original stated requirement; (2) provide a similar level
of security as the original stated requirement; (3) be up-to-date with current industry accepted
security protocols; and (4) be commensurate with the additional risk imposed by not adhering to
the original stated requirement. The determination to implement such alternative mechanisms
must be accompanied by written documentation demonstrating that a risk analysis was
performed indicating the gap between the original security measure and the proposed alternative
measure, that the risk was determined to be acceptable, and that the Chief Information Security
Officer or his or her designee agrees with both the risk analysis and the determination that the
risk is acceptable.
h. “CONSUMER REPORTING AGENCY” shall mean any person as
defined by 15 U.S.C. § 1681a(p), and any amendments thereto.
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i. “CREDIT FILE” shall mean a file as defined in 15 U.S.C. § 1681a(g), and
any amendments thereto.
j. “CREDIT REPORT” shall mean a consumer report as defined in 15
U.S.C. § 1681a(d), and any amendments thereto.
k. “EFFECTIVE DATE” shall be the date this Judgment is entered by the
Court, except as otherwise noted in the Judgment.
l. “ENCRYPT,” “ENCRYPTED,” or “ENCRYPTION” shall mean
rendering data—at rest or in transit—unusable, unreadable, or indecipherable through a security
technology or methodology generally accepted in the field of information security commensurate
with the sensitivity of the data at issue.
m. “EQUIFAX” shall mean Defendants and their affiliates, directors, officers,
subsidiaries and divisions, successors and assigns doing business in the United States.
n. “EQUIFAX NETWORK” shall mean all networking equipment, databases
or data stores, applications, servers, and endpoints that: (1) are capable of using and sharing
software, data, and hardware resources; (2) are owned, operated, and/or controlled by
EQUIFAX; and (3) collect, process, store, or have access to PERSONAL INFORMATION of
consumers who reside in the United States. For purposes of this Judgment, EQUIFAX
NETWORK shall not include networking equipment, databases or data stores, applications,
servers, or endpoints outside of the United States, which are not used to collect, process, or store
PERSONAL INFORMATION, and where access to PERSONAL INFORMATION is restricted
using a risk-based control. For purposes of this definition, a risk-based control shall, at a
minimum, include: (i) web-application-, network-, or host-based firewalls, or ENCRYPTION of
the PERSONAL INFORMATION; and (ii) preadmission identification and/or access
management controls, including, for example, multi-factor authentication.
o. “FCRA” shall mean the Fair Credit Reporting Act, 15 U.S.C. § 1681 et
seq., and any amendments thereto.
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p. “FEE-BASED PRODUCTS OR SERVICES” shall mean any product or
service that EQUIFAX sells or charges any amount of money for United States consumers to use
or obtain.
q. “FTC STIPULATED ORDER” shall mean the Stipulated Order for
Permanent Injunction and Monetary Judgment entered on July 23, 2019 in the matter of Fed.
Trade Commission v. Equifax, Inc., Case No. 19-3297-TWT (N.D. Ga. July 23, 2019).
r. “FURNISHER” or “FURNISHERS” shall mean a person or entity that
meets the definition of furnisher set forth in 16 C.F.R. § 660.2(c), and any amendments thereto.
s. “GOVERNANCE PROCESS” shall mean any written policy, standard,
procedure, or process (or any combination thereof) designed to achieve a control objective with
respect to the EQUIFAX NETWORK.
t. “MULTI-DISTRICT LITIGATION” shall mean those actions filed
against Equifax Inc. and/or its subsidiaries asserting claims related to the 2017 DATA BREACH
by or on behalf of one or more consumers that have been or will be transferred to the federal
proceedings styled In re Equifax Inc. Customer Data Security Breach Litigation, MDL 1:17-md-
2800 (N.D. Ga.) (Consumer Actions).
u. “NON-FCRA INFORMATION” shall mean any information that is
collected, stored, or maintained by EQUIFAX and either:
i. Does not bear on a consumer’s credit worthiness, credit standing,
credit capacity, character, general reputation, personal characteristics, or mode of living, or
ii. Is not used or expected to be used or collected in whole or in part
for any purpose authorized under 15 U.S.C. § 1681b, and any amendments thereto.
v. “PERSONAL INFORMATION” shall mean information regarding an
individual residing in Indiana that falls within one of the following categories:
i. A consumer’s first name or first initial and last name in
combination with any one or more of the following data elements that relate to such individual:
(a) Social Security number; (b) driver’s license number; (c) state- or federally-issued
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identification card number; or (d) financial account number or credit or debit card number, in
combination with any required security code, access code, or password that would permit access
to the consumer's financial account;
ii. Biometric information, meaning data generated by electronic
measurements of an individual’s unique physical characteristics, such as a fingerprint, voice
print, retina or iris image, or other unique physical characteristics or digital representation
thereof;
iii. A user name or e-mail address in combination with a password or
security question and answer that would permit access to an online account; or
iv. Any category of personal information found in the definition as set
forth in I.C. § 24-4.9-2-10 as of September 7, 2017.
w. “PROTECTED INDIVIDUAL” shall mean an individual who meets the
definition of protected consumer set forth in 15 U.S.C. § 1681c-1(j)(1)(B), and any amendments
thereto.
x. “REINVESTIGATION” or “REINVESTIGATE” shall mean the process
set forth in 15 U.S.C. § 1681i, and any amendments thereto.
y. “SECURITY EVENT” shall mean any compromise, or threat that gives
rise to a reasonable likelihood of compromise, by unauthorized access or inadvertent disclosure
impacting the confidentiality, integrity, or availability of PERSONAL INFORMATION of at
least 500 United States consumers held or stored within the EQUIFAX NETWORK, including
but not limited to a data breach. For purposes of this definition, “availability” shall not include
an intentional limitation on the availability of PERSONAL INFORMATION, such as for
purposes of performing maintenance on the EQUIFAX NETWORK.
III. INJUNCTIVE RELIEF
7. The duties, responsibilities, burdens, and obligations undertaken in connection
with this Judgment shall apply to EQUIFAX, and its directors, officers, and employees.
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8. The injunctive terms contained in this Final Judgment and Consent Decree are
being entered pursuant to I.C. §§ 24-4.9 et seq., and 24-5-0.5 et seq.
COMPLIANCE WITH LAW
9. EQUIFAX shall comply with the DCSA in connection with its collection,
maintenance, and safeguarding of PERSONAL INFORMATION of consumers in Indiana.
10. EQUIFAX shall not make a misrepresentation which is capable of misleading
consumers or fail to state a material fact if that failure is capable of misleading consumers
regarding the extent to which EQUIFAX maintains and/or protects the privacy, security,
confidentiality, or integrity of any PERSONAL INFORMATION collected from or about
consumers.
11. EQUIFAX shall not offer, provide, or sell any good or service in violation of 15
U.S.C. § 1681c-1(i), and any amendments thereto.
12. EQUIFAX shall comply with the breach notification requirements contained in
the DSBA.
INFORMATION SECURITY PROGRAM
13. Until August 22, 2026, EQUIFAX shall implement, maintain, regularly review
and revise, and comply with a comprehensive information security program (“Information
Security Program”) the purpose of which shall be to take reasonable steps to protect the
confidentiality, integrity, and availability of PERSONAL INFORMATION on the EQUIFAX
NETWORK. EQUIFAX’s Information Security Program shall be documented in the
GOVERNANCE PROCESSES and shall contain administrative, technical, and physical
safeguards appropriate to:
a. The size and complexity of EQUIFAX’s operations;
b. The nature and scope of EQUIFAX’s activities; and
c. The sensitivity of the PERSONAL INFORMATION on the EQUIFAX
NETWORK.
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The Information Security Program required by this Judgment shall include the requirements of
Paragraphs 14 through 40 in this Judgment.
14. The principles of zero-trust should be considered and, where reasonably feasible,
utilized in the design of EQUIFAX’s Information Security Program.
15. EQUIFAX may satisfy the implementation and maintenance of the Information
Security Program and the safeguards required by this Judgment through review, maintenance,
and, if necessary, updating, of an existing information security program or existing safeguards,
provided that such existing information security program and existing safeguards meet the
requirements set forth in this Judgment.
16. EQUIFAX shall employ an executive or officer who shall be responsible for
implementing, maintaining, and monitoring the Information Security Program (for ease,
hereinafter referred to as the “Chief Information Security Officer”). The Chief Information
Security Officer shall have the education, qualifications, and experience appropriate to the level,
size, and complexity of her/his role in implementing, maintaining, and monitoring the
Information Security Program. This Chief Information Security Officer shall report annually to
the EQUIFAX Board of Directors on the adequacy of EQUIFAX’s Information Security
Program. The Chief Information Security Officer shall also, at any meeting of the Board of
Directors concerning the security posture or security risks faced by EQUIFAX and at each
quarterly meeting of the Technology Committee of the Board of Directors, provide reports to
EQUIFAX’s Board of Directors, and shall inform, advise, and update the Board of Directors or
Technology Committee regarding EQUIFAX’s security posture and the security risks faced by
EQUIFAX. The Chief Information Security Officer shall report to the Chief Executive Officer,
as well as a member of EQUIFAX’s Board of Directors, in the event that the Chief Executive
Officer is not a member of the Board of Directors, (i) any unauthorized intrusion to the
EQUIFAX NETWORK within forty-eight (48) hours of discovery that it is a SECURITY
EVENT and (ii) any “THIRD-PARTY REPORTED EVENT” as defined in Paragraph 23 within
forty-eight (48) hours of receipt of the report from the third-party vendor. The quarterly reports
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to the Technology Committee shall also include all SECURITY EVENTS or THIRD-PARTY
REPORTED EVENTS that were reported to the Chief Executive Officer after the previous
regular report.
17. EQUIFAX shall employ for each of its United States business units an officer
who shall be responsible for implementing, maintaining, and monitoring the Information
Security Program for that business unit (for ease, hereinafter referred to as a “Business
Information Security Officer”). Each Business Information Security Officer shall have the
education, qualifications, and experience appropriate to the level, size, and complexity of the
Business Information Security Officer’s role in implementing, maintaining and monitoring the
Information Security Program. Each Business Information Security Officer shall be responsible
for regularly informing, advising, and updating the Chief Information Security Officer or his/her
designee regarding the security posture of the business unit for which he/she is responsible, the
security risks faced by the relevant business units, and the implications of any decision the
Business Information Security Officer makes that may materially impact the security posture of
the business unit.
18. EQUIFAX shall ensure that the Chief Information Security Officer, Business
Information Security Officers, and Information Security Program receive the resources and
support reasonably necessary to ensure that the Information Security Program functions as
required by this Judgment.
19. Employees who are responsible for implementing, maintaining, or monitoring the
Information Security Program, including but not limited to the Chief Information Security
Officer and Business Information Security Officers, must have sufficient knowledge of the
requirements of this Judgment and receive specialized training on safeguarding and protecting
consumer PERSONAL INFORMATION to help effectuate EQUIFAX’s compliance with the
terms of this Judgment. To the extent not already provided after August 22, 2019, EQUIFAX
shall provide the training required under this paragraph to all employees or prior to an employee
starting their responsibilities for implementing, maintaining, or monitoring the Information
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Security Program. On an annual basis, or more frequently if appropriate, EQUIFAX shall
provide training on safeguarding and protecting PERSONAL INFORMATION to its employees
who handle PERSONAL INFORMATION, and its employees responsible for implementing,
maintaining, or monitoring the Information Security Program.
20. EQUIFAX’s Information Security Program shall be designed and implemented to
ensure the appropriate identification, investigation of, and response to SECURITY EVENTS.
21. EQUIFAX shall implement and maintain a written incident response plan to
prepare for and respond to SECURITY EVENTS. EQUIFAX shall revise and update this
response plan, as necessary, to adapt to any changes to the EQUIFAX NETWORK. Such a plan
shall, at a minimum, identify and describe the following phases:
I. Preparation;
II. Detection and Analysis;
III. Containment;
IV. Notification and Coordination with Law Enforcement;
V. Eradication;
VI. Recovery;
VII. Consumer Response (including consideration of appropriate
staffing levels, training, and written materials), and Consumer and
Regulator Notification and Remediation; and
VIII. Post-Incident Analysis.
22. EQUIFAX shall conduct, at a minimum, biannual incident response plan
exercises (“table-top exercises”) to test and assess its preparedness to respond to a SECURITY
EVENT. These exercises shall include the following, as appropriate:
a. Planning for sufficient staffing levels to handle a high volume of potential
consumer traffic and provide consumers access to live agents in a reasonable amount of time;
b. Planning employee training to provide relevant, useful, and accurate
information to consumers, including how to place fraud alerts or security freezes;
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c. Preparing written materials to provide to consumers that CLEARLY AND
CONSPICUOUSLY disclose relevant information;
d. Planning for any necessary online resources to be compliant with the
Americans with Disabilities Act (ADA);
e. Planning for oral and written consumer communications in multiple
languages depending on the nature of the table-top exercise; and
f. Considering the translation of state-required data breach notifications to
consumers into multiple languages including Spanish, Chinese, Tagalog, Vietnamese, Arabic,
French, and Korean depending on the nature of the table-top exercise.
23. EQUIFAX shall oversee its third-party vendors who have access to the
EQUIFAX NETWORK or who hold or store PERSONAL INFORMATION on EQUIFAX’s
behalf by maintaining and periodically reviewing and revising, as needed, a GOVERNANCE
PROCESS for assessing vendor compliance in accordance with EQUIFAX’S Information
Security Program including whether the vendor’s security safeguards are appropriate for that
business. That GOVERNANCE PROCESS shall require vendors by contract to implement and
maintain such safeguards and to notify EQUIFAX within seventy-two (72) hours of discovering
a SECURITY EVENT (a “THIRD-PARTY REPORTED EVENT”).
PERSONAL INFORMATION SAFEGUARDS AND CONTROLS
24. EQUIFAX shall maintain and comply with a GOVERNANCE PROCESS
establishing that PERSONAL INFORMATION will be collected, processed, or stored to the
minimum extent necessary to accomplish the intended legitimate business purpose(s) in using
such information.
25. EQUIFAX shall maintain, regularly review, revise, and comply with a
GOVERNANCE PROCESS requiring EQUIFAX to either ENCRYPT PERSONAL
INFORMATION or otherwise implement COMPENSATING CONTROLS to protect
PERSONAL INFORMATION from unauthorized access, whether the information is transmitted
electronically from the EQUIFAX NETWORK or is stored in the EQUIFAX NETWORK.
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26. EQUIFAX shall make reasonable efforts to reduce its use and storage of
consumer Social Security numbers. It shall:
a. Actively seek to and, where possible, participate in an external
organization or working group focused on the development and implementation of alternative
means of identity authentication with a goal of identifying options for minimizing its use of
Social Security numbers for identity authentication purposes, to the extent that any such group
exists;
b. Conduct an internal study of the primary instances in which Social
Security numbers are collected, maintained, or used on the EQUIFAX NETWORK, including
for consumer authentication purposes, and evaluate potential alternatives to such collection,
maintenance, or use. In evaluating such alternatives, EQUIFAX may consider, among other
things, the impact on privacy, security, reducing identity theft and fraud, and ease of
incorporation into EQUIFAX’s business processes. Upon the conclusion of this study, or within
one year of the EFFECTIVE DATE, whichever is sooner, the study shall be provided to the
Chief Executive Officer, who shall establish a working group to implement identified
alternatives, where feasible. EQUIFAX shall also provide a copy of the study to the
ATTORNEY GENERAL.
i. The study and all information contained therein, to the extent
permitted by the laws of the State of Indiana: shall be treated by the ATTORNEY GENERAL
as confidential; shall not be shared or disclosed; and shall be treated by the ATTORNEY
GENERAL as exempt from disclosure under the relevant public records laws of the State of
Indiana. In the event that the ATTORNEY GENERAL receives any request from the public for
the study or other confidential documents under this Judgment and believes that such
information is subject to disclosure under the relevant public records laws, the ATTORNEY
GENERAL agrees to provide EQUIFAX with at least ten (10) days advance notice before
producing the information, to the extent permitted by state law (and with any required lesser
advance notice), so that EQUIFAX may take appropriate action to defend against the disclosure
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of such information. The notice under this paragraph shall be provided consistent with the notice
requirements contained in Paragraph 79. Nothing contained in this subparagraph shall alter or
limit the obligations of the ATTORNEY GENERAL that may be imposed by the relevant public
records laws of the State of Indiana, or by order of any court, regarding the maintenance or
disclosure of documents and information supplied to the ATTORNEY GENERAL except with
respect to the obligation to notify EQUIFAX of any potential disclosure.
c. Maintain authentication protocols that do not allow consumers to access
PERSONAL INFORMATION from EQUIFAX in connection with direct-to-consumer products
and services, such as credit monitoring and CREDIT REPORTS, using only a name in
combination with a Social Security number; and
d. Implement a GOVERNANCE PROCESS that contractually requires
EQUIFAX reseller customers who receive consumer PERSONAL INFORMATION from
EQUIFAX to maintain authentication protocols that do not allow consumers to access
PERSONAL INFORMATION from EQUIFAX in connection with direct-to-consumer products
and services, such as credit monitoring and CREDIT REPORTS using only a name in
combination with a Social Security number.
27. EQUIFAX shall ENCRYPT Social Security numbers when they are stored in the
EQUIFAX NETWORK or transmitted electronically from the EQUIFAX NETWORK, or
otherwise implement COMPENSATING CONTROLS to protect Social Security numbers from
unauthorized access.
28. EQUIFAX shall maintain, regularly review and revise as necessary, and comply
with a GOVERNANCE PROCESS that provides for the secure disposal, using a method that is
consistent with I.C. § 24-4-14-8, on a periodic basis, of PERSONAL INFORMATION that is no
longer necessary for the legitimate business purpose for which the PERSONAL
INFORMATION was collected, processed, or stored, except where such information is
otherwise required to be maintained by law.
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SPECIFIC TECHNICAL SAFEGUARDS AND CONTROLS
29. Managing Critical Assets: EQUIFAX shall rate all software and hardware
within the EQUIFAX NETWORK based on criticality, factoring in whether such assets are used
to collect, process, or store PERSONAL INFORMATION.
30. Segmentation:
a. EQUIFAX shall maintain, regularly review and revise as necessary, and
comply with its segmentation protocols and related policies that are reasonably designed to
properly segment the EQUIFAX NETWORK, which shall, at a minimum, ensure that systems
communicate with each other in a secure manner and only to the extent necessary to perform
their business and/or operational functions, and that databases are segmented except from
systems with which they are required to interact.
b. EQUIFAX shall regularly evaluate, and, as appropriate, restrict and/or
disable any unnecessary ports on the EQUIFAX NETWORK.
c. EQUIFAX shall logically separate its production and non-production
environments in the EQUIFAX NETWORK, including the use of appropriate technological
safeguards to protect PERSONAL INFORMATION within non-production environments.
31. Penetration Testing/Risk Assessment:
a. EQUIFAX shall maintain and regularly review and revise as necessary a
risk-assessment program designed to continually identify and assess risks to the EQUIFAX
NETWORK. In cases where EQUIFAX deems a risk to be acceptable, EQUIFAX shall generate
and retain a report demonstrating how such risk is to be managed in consideration of cost or
difficulty in implementing effective countermeasures. All reports shall be maintained by the
Chief Information Security Officer or his or her designee and be available for inspection by the
Third-Party Assessor described in Paragraph 61 of this Judgment.
b. EQUIFAX shall implement and maintain a risk-based penetration-testing
program reasonably designed to identify, assess, and remediate security vulnerabilities within the
EQUIFAX NETWORK. This program shall include at least one annual penetration test of all
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externally-facing applications within the EQUIFAX NETWORK and at least one weekly
vulnerability scan of all systems within the EQUIFAX NETWORK.
c. EQUIFAX shall rate and rank the criticality of all vulnerabilities identified
as a result of any vulnerability scanning or penetration testing that it performs on the EQUIFAX
NETWORK in alignment with an established industry-standard framework (e.g., NVD, CVSS,
or equivalent standard). For each vulnerability that is ranked as most critical, EQUIFAX shall
commence remediation planning within twenty-four (24) hours after the vulnerability has been
rated as critical and shall apply the remediation within one (1) week after the vulnerability has
received a critical rating. If the remediation cannot be applied within one (1) week after the
vulnerability has received a critical rating, EQUIFAX shall identify existing or implement new
COMPENSATING CONTROLS designed to protect PERSONAL INFORMATION as soon as
practicable but no later than one (1) week after the vulnerability received a critical rating.
32. Access Control and Account Management:
a. EQUIFAX shall implement and maintain appropriate controls to manage
access to, and use of, all EQUIFAX NETWORK accounts with access to PERSONAL
INFORMATION, including, without limitation, individual accounts, administrator accounts,
service accounts, and vendor accounts. To the extent that EQUIFAX maintains accounts
requiring passwords:
i. Such controls shall include strong passwords, password
confidentiality policies, password-rotation policies, and two-factor authentication or any other
equal or greater authentication protocol, where technically feasible. For purposes of this
paragraph, any administrative-level passwords shall be ENCRYPTED or secured using a
password vault, privilege access monitoring, or an equal or greater security tool that is generally
accepted by the security industry.
ii. EQUIFAX shall implement and maintain appropriate policies for
the secure storage of EQUIFAX NETWORK account passwords based on industry best
practices; for example, hashing passwords stored online using an appropriate hashing algorithm
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that is not vulnerable to a collision attack together with an appropriate salting policy, or other
equivalent or stronger protections.
b. EQUIFAX shall implement and maintain adequate access controls,
processes, and procedures, the purpose of which shall be to grant access to the EQUIFAX
NETWORK only after the user has been properly identified, authenticated, reviewed, and
approved.
c. EQUIFAX shall as soon as practicable, and within forty-eight (48) hours,
terminate access privileges for all persons whose access to the EQUIFAX NETWORK is no
longer required or appropriate.
d. EQUIFAX shall limit access to PERSONAL INFORMATION by persons
accessing the EQUIFAX NETWORK on a least-privileged basis.
e. EQUIFAX shall regularly inventory the users who have access to the
EQUIFAX NETWORK in order to review and determine whether or not such access remains
necessary or appropriate. EQUIFAX shall regularly compare termination lists to user accounts
to ensure access privileges have been appropriately terminated. At a minimum, such review
shall be performed on a quarterly basis.
f. EQUIFAX shall implement and maintain adequate administration
processes and procedures to store and monitor the account credentials and access privileges of
employees who have privileges to design, maintain, operate, and update the EQUIFAX
NETWORK.
g. EQUIFAX shall implement and maintain controls to identify and prevent
unauthorized devices from accessing the EQUIFAX NETWORK such as a network access
controller or similar or more advanced technology.
33. File Integrity Monitoring: EQUIFAX shall maintain controls designed to
provide near real-time notification of unauthorized modifications to the EQUIFAX NETWORK.
The notification shall include information available about the modification including, where
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available, the date of the modification, the source of the modification, the type of modification,
and the method used to make the modification.
34. Unauthorized Applications: EQUIFAX shall maintain controls designed to
identify and protect against the execution or installation of unauthorized applications on the
EQUIFAX NETWORK.
35. Logging and Monitoring:
a. EQUIFAX shall implement controls the purposes of which shall be to
monitor and log material security and operational activities on the EQUIFAX NETWORK, to
report anomalous activity through the use of appropriate platforms, and to require that tools used
to perform these tasks be appropriately monitored and tested to assess proper configuration and
maintenance.
b. All SECURITY EVENTS shall immediately be reported to the Chief
Information Security Officer and appropriate Business Information Security Officer, and in no
event more than eight (8) hours from the identification of the SECURITY EVENT. Any
vulnerability that is associated with a SECURITY EVENT shall be remediated within twenty-
four (24) hours of the identification of the vulnerability. If that vulnerability cannot be
remediated within twenty-four (24) hours of its identification, then EQUIFAX shall implement
COMPENSATING CONTROLS or decommission the system within twenty-four (24) hours of
the identification of the vulnerability.
c. EQUIFAX shall monitor on a daily basis, and shall test on at least a
monthly basis, any tool used pursuant to this paragraph, to properly configure, regularly update,
and maintain the tool, to ensure that the EQUIFAX NETWORK is adequately monitored.
36. Change Control: EQUIFAX shall maintain, regularly review and revise as
necessary, and comply with a GOVERNANCE PROCESS established to manage and document
changes to the EQUIFAX NETWORK. At a minimum:
a. EQUIFAX shall define the roles and responsibilities for those involved in
the change control process, including a board responsible for reviewing changes (for ease,
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hereinafter referred to as the “Change Advisory Board”). The Change Advisory Board shall
include stakeholders from the appropriate business and informational technology units. The
Change Advisory Board’s responsibilities shall include: managing overall change control
policies and procedures; providing guidance regarding the overall change control policies and
procedures; conducting an annual audit of change requests to ensure that changes to the
EQUIFAX NETWORK are properly analyzed and prioritized; and reviewing, approving,
evaluating, and scheduling requests for changes to the EQUIFAX NETWORK.
b. The change control policies and procedures shall address the process to:
request a change to the EQUIFAX NETWORK; determine the priority of the change; determine
the change’s impact on the EQUIFAX NETWORK, the security of PERSONAL
INFORMATION, and EQUIFAX’s ongoing business operations; obtain the appropriate
approvals from required personnel (e.g., change requester, business unit, Business Information
Security Officer, Change Advisory Board); develop, test, and implement the change; and review
and test the impact of the change on the EQUIFAX NETWORK and the security of PERSONAL
INFORMATION after the change has been made. The change control policies and procedures
required by this paragraph shall require that any changes to the EQUIFAX NETWORK be
evaluated regarding potential risks, and that all changes receive appropriate additional or
heightened (i) analysis, (ii) approvals from required personnel, and (iii) testing.
c. Any action with respect to any changes to the EQUIFAX NETWORK
(requesting, analyzing, approving, developing, implementing, and reviewing) shall be
documented and retained, with the documentation appropriately secured and stored in
repositories that are scoped to an application, business unit, and/or geography and are accessible
to appropriate security personnel.
37. Asset Inventory: EQUIFAX shall utilize manual processes and, where
practicable, automated tool(s) to regularly inventory and classify, and issue reports on, all assets
that comprise the EQUIFAX NETWORK, including but not limited to all software, applications,
network components, databases, data stores, tools, technology, and systems. The asset inventory
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as well as applicable configuration and change management systems shall, at a minimum,
collectively identify: (a) the name of the asset; (b) the version of the asset; (c) the owner of the
asset; (d) the asset’s location within the EQUIFAX NETWORK; (e) the asset’s criticality rating;
(f) whether the asset collects, processes, or stores PERSONAL INFORMATION; and (g) each
security update and security patch applied or installed during the preceding period.
38. Digital Certificates: EQUIFAX shall implement and maintain a digital
certificate management tool or service the purpose of which shall be to inventory digital
certificates that expire longer than a week after their creation and that are used to authenticate
servers and systems in the EQUIFAX NETWORK. The system or tool required by this
paragraph shall manage the life cycle of all such digital certificates, including whether to issue,
cancel, renew, reissue, or revoke a digital certificate. The system or tool required by this
paragraph shall track the expiration date of any such digital certificate and provide notification of
such expiration to the custodian of the certificate key thirty days (30) prior to expiration, ten days
(10) prior to expiration, and on the date the digital certificate expires. Digital certificate for
purposes of this paragraph shall include a security token, biometric identifier, or a cryptographic
key used to protect externally-facing systems and applications.
39. Threat Management: EQUIFAX shall establish a threat management program
which shall include the use of automated tools to continuously monitor the EQUIFAX
NETWORK for active threats. EQUIFAX shall monitor on a daily basis, and shall test on at
least a monthly basis, any tool used pursuant to this paragraph, to assess whether the monitoring
tool is regularly configured, tested, and updated.
40. Updates/Patch Management: EQUIFAX shall maintain, keep updated, and
support the software on the EQUIFAX NETWORK, taking into consideration the impact a
software update will have on data security in the context of the EQUIFAX NETWORK and its
ongoing business and network operations, and the scope of the resources required to maintain,
update, and support the software. At a minimum, EQUIFAX shall also do the following:
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a. For any software that will no longer be supported by its manufacturer or a
third party, EQUIFAX shall commence the evaluation and planning to replace the software or to
maintain the software with appropriate COMPENSATING CONTROLS at least two (2) years
prior to the date on which the manufacturer’s or third party’s support will cease, or from the date
the manufacturer or third party announces that it is no longer supporting the software if such
period is less than two (2) years. If EQUIFAX is unable to commence the evaluation and
planning in the timeframe required by this subparagraph, it shall prepare and maintain a written
exception that shall include:
i. A description of why the exception is appropriate, e.g., what
business need or circumstance supports the exception;
ii. An assessment of the potential risk posed by the exception; and
iii. A description of the schedule that will be used to evaluate and plan
for the replacement of the software or addition of any COMPENSATING CONTROLS.
b. EQUIFAX shall maintain reasonable controls to address the potential
impact security updates and security patches may have on the EQUIFAX NETWORK and shall:
i. Maintain a patch management solution(s) to manage software
patches that includes the use of automated, standardized patch management distribution tool(s),
whenever technically feasible, to: maintain a database of patches; deploy patches to endpoints;
verify patch installation; and retain patch history. The patch management program must also
have a dashboard or otherwise report on the success, failure, or other status of any security
update or security patch; and
ii. Maintain a tool that includes an automated Common
Vulnerabilities and Exposures (CVE) feed. The CVE tool required by this subparagraph shall
provide EQUIFAX regular updates throughout each day regarding known CVEs for vendor-
purchased software applications in use within the EQUIFAX NETWORK. EQUIFAX may
satisfy its obligations under this subparagraph by using an industry-standard vulnerability
scanning tool. The CVE tool required by this subparagraph shall also:
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(a) Identify, confirm, and enhance discovery of the parts of the
EQUIFAX NETWORK that may be subject to CVE events and/or incidents;
(b) Scan the EQUIFAX NETWORK for CVEs; and
(c) Scan the EQUIFAX NETWORK to determine whether
scheduled security updates and patches have been successfully installed, including whether any
security updates or patches rated as critical have been installed consistent with the requirement of
this Judgment.
c. EQUIFAX shall appoint an individual (“Patch Supervisor”) who shall
report up to the Chief Technology Officer and shall be responsible for overseeing a team (“Patch
Management Group”) of other individuals responsible for regularly reviewing and maintaining
the requirements set forth in this paragraph. The Patch Supervisor and the members of the Patch
Management Group shall include persons with appropriate experience and qualifications.
d. The Patch Management Group shall be responsible for:
i. Monitoring software and application security updates and security
patch management, including but not limited to, receiving notifications from the tools installed
pursuant to subparagraph (b) and ensuring the appropriate and timely application of all security
updates and/or security patches;
ii. Monitoring compliance with policies and procedures regarding
ownership, supervision, evaluation, and coordination of the maintenance, management, and
application of all security patches and software and application security updates by appropriate
information technology (IT) application and system owners;
iii. Supervising, evaluating, and coordinating any system patch
management tool(s) such as those identified in subparagraph (b); and
iv. A training requirement for individuals responsible for
implementing and maintaining EQUIFAX’s patch management policies.
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e. EQUIFAX shall use the inventory created pursuant to Paragraph 37 in its
regular operations to assist in identifying assets within the EQUIFAX NETWORK for purposes
of applying security updates or security patches that have been released.
f. EQUIFAX shall employ processes and procedures to ensure the timely
scheduling and installation of any security update and security patch, considering (without
limitation) the severity of the vulnerability for which the update or patch has been released to
address, the severity of the issue in the context of the EQUIFAX NETWORK, the impact on
EQUIFAX’s ongoing business and network operations, and the risk ratings articulated by the
relevant software and application vendors or disseminated by the United States Computer
Emergency Readiness Team (US-CERT). Such patch management policies shall require
EQUIFAX to rate as critical, high, medium, or low all patches and/or updates, rating as “critical”
all patches or updates intended to prevent any vulnerability that threatens the safeguarding or
security of any PERSONAL INFORMATION maintained on the EQUIFAX NETWORK. If
EQUIFAX does not accept or increase the risk ratings disseminated by either a software or
application vendor or US-CERT for externally-facing applications on the EQUIFAX
NETWORK, EQUIFAX shall identify for any update or patch for which it is attaching the lower
risk rating, the assets to which it applies, and create a written explanation that shall include:
i. A description of why the lowered risk rating is appropriate, e.g.,
what business need or circumstance exists that supports the rating;
ii. A description of the alternatives that were considered, and why
they were not appropriate;
iii. An assessment of the potential risks posed by the revised risk
rating;
iv. The anticipated length of time for the rating, if the revised risk
rating is temporary; and
v. To the extent applicable, a plan for managing or mitigating those
risks identified in subparagraph iii (e.g. COMPENSATING CONTROLS, alternative
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approaches, methods). The written explanation required by this subparagraph shall be prepared
within twenty-four (24) hours of its determination to apply a lower rating, and upon revising the
rating, the update or patch shall be treated under EQUIFAX’s applicable patch management
policies, standards, or procedures in accordance with its revised rating.
g. EQUIFAX shall, within twenty-four (24) hours, if feasible, but not later
than forty-eight (48) hours of rating any security update or patch as critical, either apply the
update or patch to the EQUIFAX NETWORK or take the identified application offline until the
update or patch has been successfully applied. If EQUIFAX is not able to, within forty-eight
(48) hours of rating any security update or patch as critical, either apply the update or patch to
the EQUIFAX NETWORK or take the identified application offline, then EQUIFAX shall apply
COMPENSATING CONTROLS as appropriate.
h. In connection with the scheduling and installation of any critical patch
and/or update, EQUIFAX shall verify that the patch and/or update was applied and installed
successfully throughout the EQUIFAX NETWORK. For each security update or security patch
rated as critical, EQUIFAX shall maintain records identifying: (1) each critical patch or update
that has been applied; (2) the date(s) each patch or update was applied; (3) the assets to which
each patch or update was applied; and (4) whether each patch or update was applied and installed
successfully (the “Critical Patch Management Records”). The Critical Patch Management
Records shall be reviewed on a weekly basis by the Patch Management Group.
i. On at least a biannual basis, EQUIFAX shall perform an internal
assessment of its management and implementation of security updates and patches for the
EQUIFAX NETWORK. This assessment shall identify (i) all known vulnerabilities to the
EQUIFAX NETWORK and (ii) the updates or patches applied to address each vulnerability.
The assessment will be formally identified, documented, and reviewed by the Patch Management
Group.
41. Information Security Program Implementation: EQUIFAX represents that it
has worked and will continue to work in good faith to comply with the requirements of the
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Information Security Program set forth in this Judgment. As to Paragraphs 24, 25, 26(c), 26(d),
27, 34, 37, and 59, only, the Indiana Attorney General agrees that it shall not commence any
action, the purpose of which would be to establish a violation of this order or a finding of
contempt until on or after March 31, 2020, subject also to the requirements of Paragraph 80. The
ATTORNEY GENERAL agrees that it shall not commence any action, the purpose of which
would be to establish a violation of Paragraph 30 or a finding of contempt with respect to that
paragraph, until on or after December 31, 2020, subject also to the requirements of Paragraph 80.
CONSUMER-RELATED RELIEF
42. Extended Credit Monitoring Services: EQUIFAX shall offer AFFECTED
CONSUMERS the opportunity to enroll in credit monitoring services to be provided at no cost
for an aggregate of ten (10) years which may be satisfied either through a court-approved
settlement in the MULTI-DISTRICT LITIGATION or pursuant to the FTC STIPULATED
ORDER and the CFPB STIPULATED ORDER. These credit monitoring services shall consist
of the Three-Bureau Credit Monitoring Services set forth in Paragraph 43 and One-Bureau
Credit Monitoring Services set forth in Paragraph 44.
43. Three-Bureau Credit Monitoring Services: AFFECTED CONSUMERS who
file valid claims shall be eligible for at least four (4) years of a free Three-Bureau Credit
Monitoring Services. These four (4) years shall be provided in addition to any free credit
monitoring services EQUIFAX is currently providing or has previously offered as a result of the
2017 DATA BREACH. The Three-Bureau Credit Monitoring Services will be provided and
maintained by an independent third party. The Three-Bureau Credit Monitoring Services shall
include:
a. Daily consumer CREDIT REPORT monitoring from each of the three
Nationwide CONSUMER REPORTING AGENCIES (EIS, Experian, TransUnion) showing key
changes to one or more of an AFFECTED CONSUMER’s CREDIT REPORTS, including
automated alerts when the following occur: new accounts are opened; inquiries or requests for an
AFFECTED CONSUMER’s CREDIT REPORT for the purpose of obtaining credit; changes to
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an AFFECTED CONSUMER’s address; and negative information, including delinquencies or
bankruptcies.
b. On-demand online access to a free copy of an AFFECTED
CONSUMER’S Experian CREDIT REPORT, updated on a monthly basis;
c. Automated alerts, using public or proprietary data sources, when data
elements submitted by an AFFECTED CONSUMER for monitoring, such as Social Security
number, email address, or credit card numbers, appear on suspicious websites, including
websites on the “dark web”; and
d. One Million Dollars ($1,000,000) in identity theft insurance to cover costs
related to incidents of identity theft or identity fraud, with coverage prior to the AFFECTED
CONSUMER’s enrollment in the Three-Bureau Credit Monitoring Service, provided the costs
result from a stolen identity event first discovered during the policy period and subject to the
terms of the insurance policy.
44. One-Bureau Credit Monitoring Services: AFFECTED CONSUMERS who file
valid claims and enroll in Three-Bureau Credit Monitoring Services shall be eligible for single-
bureau credit monitoring services (“One-Bureau Credit Monitoring Services”). EQUIFAX shall
provide One-Bureau Credit Monitoring Services upon expiration of the Three-Bureau Credit
Monitoring Services to AFFECTED CONSUMERS who enroll in the Three-Bureau Credit
Monitoring Services. EQUIFAX shall provide One-Bureau Credit Monitoring Services for the
period of time necessary for the aggregate number of years of credit monitoring provided under
Paragraphs 43 and 44 to equal ten (10) years. The cost of the One-Bureau Credit Monitoring
Services shall not be paid from the Consumer Restitution Fund described in Section V. of this
Judgment. One-Bureau Credit Monitoring Services will include the following:
a. Daily CREDIT REPORT monitoring from EQUIFAX showing key
changes to an AFFECTED CONSUMER’s EIS CREDIT REPORT including automated alerts
when the following occur: new accounts are opened; inquiries or requests for an AFFECTED
CONSUMER’s CREDIT REPORT for the purpose of obtaining credit; changes to an
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AFFECTED CONSUMER’s address; and negative information, such as delinquencies or
bankruptcies.
b. On-demand online access to a free copy of an AFFECTED
CONSUMER’s EIS CREDIT REPORT, updated on a monthly basis; and
c. Automated alerts using certain available public and proprietary data
sources when data elements submitted by an AFFECTED CONSUMER for monitoring, such as
Social Security numbers, email addresses, or credit card numbers, appear on suspicious websites,
including websites on the “dark web.”
45. For any AFFECTED CONSUMERS who were under the age of 18 on May 13,
2017, EQUIFAX shall offer these consumers who make valid claims the opportunity to enroll in
credit monitoring to achieve an aggregate of eighteen (18) years of continuous credit monitoring
at no cost, which may be satisfied either through a court-approved settlement in the MULTI-
DISTRICT LITIGATION or pursuant to the FTC STIPULATED ORDER and the CFPB
STIPULATED ORDER. These services shall include:
a. At least four (4) years of Three-Bureau Credit Monitoring Services, except
that during the period when an AFFECTED CONSUMER is under the age of 18, the services
provided will be child monitoring services where the parent or guardian can enroll the
AFFECTED CONSUMER under the age of 18 to receive the following services: alerts when
data elements submitted for monitoring appear on suspicious websites, such as websites on the
“dark web;” and alerts when the Social Security number of an AFFECTED CONSUMER under
the age of 18 is associated with new names or addresses or the creation of a CREDIT REPORT
at one or more of the three nationwide CREDIT REPORTING AGENCIES;
b. Followed by no more than fourteen (14) years of One-Bureau Credit
Monitoring Services, except that during the period when an AFFECTED CONSUMER is under
the age of 18, EQUIFAX will provide child monitoring services where the parent or guardian can
enroll the AFFECTED CONSUMER under the age of 18 in these services and must validate
their status as guardian. These child monitoring services include: alerts when data elements such
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as a Social Security number submitted for monitoring appear on suspicious websites, including
websites on the “dark web;” for minors who do not have an EIS CREDIT REPORT, an EIS
CREDIT REPORT is created, locked, and then monitored, and for minors with an EIS CREDIT
REPORT, their EIS CREDIT REPORT is locked and then monitored.
46. EIS shall continue to offer all Indiana consumers two free copies of their EIS
CREDIT REPORT every 12 months until December 31, 2024.
47. Consistent with, and as required by federal law, EIS shall not collect any fees for
creating an EIS CREDIT FILE in connection with a request from a PROTECTED
INDIVIDUAL to place a security freeze on his/her EIS CREDIT FILE. Additionally, EIS shall
not collect any fees for placing, temporarily lifting, or removing a security freeze on an EIS
CREDIT FILE.
48. EQUIFAX shall continue to refrain from charging consumers any fees for any
2017 BREACH RESPONSE SERVICES AND PRODUCTS.
49. EQUIFAX shall not request or collect payment information (such as payment
card information or financial account information) from consumers during their enrollment
process for any 2017 BREACH RESPONSE SERVICES AND PRODUCTS regardless of
whether such enrollment is or was ultimately completed. This paragraph shall have no impact on
prior or future collection of such information if collected for EQUIFAX products or services
outside of any 2017 BREACH RESPONSE SERVICES AND PRODUCTS.
50. EQUIFAX, including by or through any partner, affiliate, agent, or third party,
shall not use any information provided by consumers (or the fact that the consumer provided
information) to enroll, or to attempt to enroll, those consumers in the 2017 BREACH
RESPONSE SERVICES AND PRODUCTS to sell, upsell, or directly market or advertise its
FEE-BASED PRODUCTS OR SERVICES. Nothing in this paragraph, or in this Judgment,
shall relieve EQUIFAX of any obligation, or prevent EQUIFAX from complying with its
obligations, under federal and/or state law to offer and/or advertise security freezes.
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51. Consistent with, and as required by federal law, EQUIFAX shall provide
information regarding security freezes on its website. EQUIFAX shall not dissuade consumers
from placing or choosing to place a security freeze. Should EQUIFAX offer any standalone
product or service as an alternative with substantially similar features as a security freeze (e.g.,
Lock & Alert), it shall not seek to influence or persuade consumers to choose the alternative
product or service instead of a security freeze.
52. EQUIFAX shall not require consumers to agree to arbitrate disputes with
EQUIFAX or waive class action rights or any other private right of action against EQUIFAX
when receiving or enrolling in any 2017 BREACH RESPONSE SERVICES AND PRODUCTS.
53. Dedicated Resources for Continued 2017 BREACH RESPONSE: Until
August 22, 2022, EQUIFAX shall devote reasonable and sufficient resources focused on
administering its efforts to support consumers related to the 2017 DATA BREACH (“2017
BREACH RESPONSE”), including but not limited to:
a. Maintaining all consumer-facing internet tools and applications in such a
manner that they work reliably and quickly;
b. Establishing and maintaining sufficient staffing levels to handle the
volume of consumer traffic;
c. Training employees to provide relevant, useful, and accurate information
to consumers who contact EQUIFAX regarding the 2017 DATA BREACH;
d. Promptly handling requests by consumers to place fraud alerts or security
freezes consistent with, and as required by, federal law; and
e. Ensuring that the online resources are compliant with the Americans with
Disabilities Act (ADA).
54. EQUIFAX shall make the following digital communications available in Spanish,
Chinese, Tagalog, Vietnamese, Arabic, French, and Korean: (1) within sixty (60) days of
content being finalized, all webpages that EQUIFAX makes available on its website, or on any
website that it operates or controls that are dedicated to describing the terms of this Judgment
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and any benefits available under the Judgment; (2) all legally-required consumer notices
regarding any future data breach that are made available on its website, or on any website that it
operates or controls; and (3) all notices and claim forms that are made available on any website
operated by the settlement administrator. EQUIFAX may satisfy its obligation under this
paragraph by providing an automated translation function on the applicable web page(s) which
automatically translates all content capable of being translated by the selected translation tool,
which, at a minimum, shall translate text appearing directly on the website.
55. Placing Freezes for PROTECTED INDIVIDUALS:
a. Pursuant to Paragraph 51 and consistent with, and as required by, federal
law, EQUIFAX shall provide information regarding security freezes on its webpage, including
information on placing a security freeze on behalf of PROTECTED INDIVIDUALS.
b. EIS shall place, temporarily lift, and remove a security freeze for a
PROTECTED INDIVIDUAL consistent with and as required by federal law.
c. EIS shall make good faith efforts to evaluate methods by which
representatives of PROTECTED INDIVIDUALS may place, temporarily lift, or remove freezes
on behalf of PROTECTED INDIVIDUALS and submit any required documentation via a secure
online connection on EQUIFAX’s website and take steps to implement such method(s) to the
extent they are reasonably feasible and can be accomplished in a manner that complies with
federal law.
56. Consumer Assistance Process: As part of or in addition to that which is
required by federal and state law, EIS shall continue to offer direct assistance, processes, and
informational resources to United States consumers who have questions about their EIS CREDIT
FILE, who wish to place a fraud alert and/or security freeze on their EIS CREDIT FILE, or who
have or may have been the victim of fraud or identity theft. These processes shall include the
ability for consumers to contact EIS online, by toll-free phone numbers, and by United States
mail, or any other reasonably accessible means established by EIS to communicate directly with
consumers.
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a. At a minimum, EIS shall:
i. Handle consumer complaints regarding identity theft or fraudulent
activity, which may include dedicated teams to review and handle referred complaints by the
Consumer Financial Protection Bureau, Federal Trade Commission, or other equivalent federal
agency, and the ATTORNEY GENERAL;
ii. Provide direct assistance and informational resources, including,
for example, sample template letters and checklists, to help consumers understand their EIS
CREDIT FILES and submit disputes related to their EIS CREDIT FILES;
iii. Assist consumers in fulfilling requests for fraud alerts and placing,
temporarily lifting, or removing a security freeze on their EIS CREDIT FILE, as well as provide
information on how to contact the other CONSUMER REPORTING AGENCIES to place,
temporarily lift, or remove a security freeze;
iv. Fulfill its responsibilities to REINVESTIGATE consumers’
disputes that information on their EIS CREDIT FILE is inaccurate or incomplete including, as
appropriate, escalating disputes for fraud and identity theft to agents specially trained in fraud
and identity theft protection;
v. Maintain enhanced consumer dispute results letters to assist
consumers in understanding the basis and results of EIS’s REINVESTIGATION process,
including the actions taken by EIS as a result of the consumer’s dispute, the role of the
FURNISHER in the REINVESTIGATION process, the results of the dispute including any
modified or deleted information, and the options the consumer may take if dissatisfied with the
results of the REINVESTIGATION;
vi. Provide informational resources on what supporting and relevant
consumer documents may assist a consumer in disputing information on his/her EIS CREDIT
FILE and the methods available for consumers to submit documents;
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vii. Assist consumers who contact EIS in understanding the basis for
when EIS declines to block or rescinds a block of information previously disputed as a result of
an alleged identity theft;
viii. Assist consumers disputing inaccurate or fraudulent information
and/or accounts by facilitating dispute or REINVESTIGATION requests with FURNISHERS via
the Automated Consumer Dispute Verification (ACDV) process; and
ix. Refer consumers to available federal, state, and/or local resources
for additional information about consumer rights and identity theft protection measures, such as
the sources found at https://www.identitytheft.gov.
b. EIS shall provide direct assistance to members of the United States armed
forces, including without limitation members of the National Guard and military reserve,
(collectively “Service Members”), or their spouses or other dependents (collectively “Military
Families”). At a minimum, EIS shall train a department or group to: help Service Members and
Military Families review their EIS CREDIT FILES; review complaints regarding identity theft or
fraudulent activity; and help Service Members and Military Families place a security freeze on
their EIS CREDIT FILES and implement active duty alerts.
c. EQUIFAX shall designate a department or group to act as the point of
contact for the ATTORNEY GENERAL to directly contact and which will provide assistance to
consumers who have submitted complaints to the ATTORNEY GENERAL. This department or
group shall be trained in the specific provisions of this paragraph.
d. EQUIFAX shall develop a method to identify and track consumer
complaints related to the 2017 DATA BREACH and report these metrics to the ATTORNEY
GENERAL as part of the Consumer Remedies Reports required by Paragraph 62 of this
Judgment.
e. Disclosure of the Consumer Assistance Process
i. EQUIFAX shall CLEARLY AND CONSPICUOUSLY disclose
on its website the following components of the Consumer Assistance Process: the existence of
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the processes and informational resources offered by EQUIFAX; the content of and how to
access an EIS CREDIT FILE; the methods to request a fraud or active duty alert, or take
advantage of any security freeze feature on an EIS CREDIT FILE; the methods to dispute the
accuracy or completeness of an item on an EIS CREDIT FILE; and informational materials for
Service Members and Military Families. EQUIFAX may comply with this paragraph by: (1)
maintaining a dedicated website page that describes or provides the resources set forth above;
and (2) providing the consumer with a link to said dedicated website page.
ii. For telephone calls with consumers related to the 2017 DATA
BREACH, EQUIFAX shall train staff to be prepared to discuss or address in appropriate
circumstances: the existence of the processes and informational resources offered by EQUIFAX;
the content of and how to access an EIS CREDIT FILE; the methods to request a fraud or active
duty alert, or take advantage of any security freeze feature on an EIS CREDIT FILE; the
methods to dispute the accuracy or completeness of an item on an EIS CREDIT FILE; and
informational materials for Service Members and Military Families. EQUIFAX shall also
maintain documentation of this training.
f. EQUIFAX shall maintain reasonable and sufficient staffing levels,
resources, and support necessary to respond to foreseeable consumer contact volume.
g. The Indiana Attorney General agrees that it shall not commence any
action, the purpose of which would be to establish a violation of this paragraph or a finding of
contempt with respect to this paragraph, until on or after March 31, 2020, subject also to the
requirements of Paragraph 80.
57. Declining to Block Information in a CREDIT FILE: If EIS declines to block,
as that term is used in FCRA, or rescinds any block on, the information in a CREDIT FILE that
the consumer identifies as information that resulted from an alleged identity theft, EIS shall
provide the consumer with additional steps the consumer can take if the REINVESTIGATION
of such information results in the information remaining on the consumer’s CREDIT FILE,
including his/her ability to utilize the Escalated Identity Theft Block Process set forth in
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Paragraph 58. EIS can choose to satisfy this provision by drafting a form letter to send to
consumer that provides this information. This paragraph shall not limit or restrict EIS’s ability to
designate a dispute filing frivolous or abusive disputes pursuant to 15 U.S.C. § 1681i(a)(3). The
ATTORNEY GENERAL agrees that it shall not commence any action, the purpose of which
would be to establish a violation of this paragraph or a finding of contempt with respect to this
paragraph, until on or after March 31, 2020, subject also to the requirements of Paragraph 80.
58. Escalated Identity Theft Block Process: If a consumer complains to the
ATTORNEY GENERAL that EIS declined to either block information or rescind the block of
information, the ATTORNEY GENERAL may send such complaint to the department or group
designated pursuant to Paragraph 56(c) of this Judgment. Upon referral, EIS will review and
process the consumer’s identity theft report and shall take appropriate action to block the noted
information or decline to block or rescind a block, as applicable, from the consumer’s EIS
CREDIT FILE. This paragraph shall not limit or restrict EIS’s ability to designate a dispute
filing frivolous or abusive disputes pursuant to 15 U.S.C. § 1681i(a)(3).
59. Consumer Transparency: EQUIFAX shall post on the homepage of any
website owned or controlled by EQUIFAX: a notice that details categories of the PERSONAL
INFORMATION EQUIFAX collects and maintains, including NON-FCRA INFORMATION;
how EQUIFAX collects the PERSONAL INFORMATION; how EQUIFAX uses the
PERSONAL INFORMATION; how EQUIFAX protects the PERSONAL INFORMATION;
whether EQUIFAX shares the PERSONAL INFORMATION with others, and if so, what
PERSONAL INFORMATION is shared and the categories of persons or entities with whom the
PERSONAL INFORMATION is shared; and whether consumers have control over their
PERSONAL INFORMATION, and if so, what kind of control they have and how to exercise the
control. If EQUIFAX’s PERSONAL INFORMATION practices change, the notice shall be
updated to reflect those changes. EQUIFAX may comply with this paragraph by including this
information in its online privacy notices.
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60. Unless otherwise specified herein, Paragraphs 42 through 59 shall apply until
August 22, 2026.
ASSESSMENT AND REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL
61. Third-Party Assessment: During the time period established in Paragraph 13,
EQUIFAX shall obtain from an independent third party an initial assessment, followed by
biennial assessments of the Information Security Program required under the terms of this
Judgment (the “Third-Party Assessments”). The Third-Party Assessments required by this
paragraph shall be conducted by a third-party (the “Third-Party Assessor”).
a. The findings of each of the Third-Party Assessments shall be documented
in individual reports (the “Third-Party Assessor’s Reports”) that shall:
i. Identify the specific administrative, technical, and physical
safeguards maintained by EQUIFAX’s Information Security Program;
ii. Document the extent to which the identified administrative,
technical and physical safeguards are appropriate considering EQUIFAX’s size and complexity,
the nature and scope of EQUIFAX’s activities, and the sensitivity of the PERSONAL
INFORMATION maintained on the EQUIFAX NETWORK; and
iii. Assess the extent to which the administrative, technical, and
physical safeguards that have been implemented by EQUIFAX meet the requirements of the
Information Security Program.
b. EQUIFAX may fulfill its assessment and reporting obligations under this
paragraph by providing a copy of the Third-Party Assessor’s Report required under the FTC
STIPULATED ORDER and the CFPB STIPULATED ORDER (the “Federal Security
Assessment Report”) to the ATTORNEY GENERAL during the time period set forth in
Paragraph 13.
c. Any Third Party Assessor’s Report provided pursuant to this paragraph
and all information contained therein, to the extent permitted by the laws of the State of Indiana
shall be treated by the ATTORNEY GENERAL as confidential; shall not be shared or disclosed;
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and shall be treated by the ATTORNEY GENERAL as exempt from disclosure under the
relevant public records laws of the State of Indiana. In the event that the ATTORNEY
GENERAL receives any request from the public for any Third Party Assessor’s Report provided
pursuant to this paragraph or other confidential documents under this Judgment and believes that
such information is subject to disclosure under the relevant public records laws, the ATTORNEY
GENERAL agrees to provide EQUIFAX with at least ten (10) days advance notice before
producing the information, to the extent permitted by state law (and with any required lesser
advance notice), so that EQUIFAX may take appropriate action to defend against the disclosure
of such information. The notice under this paragraph shall be provided consistent with the notice
requirements contained in Paragraph 79. Nothing contained in this subparagraph shall alter or
limit the obligations of the ATTORNEY GENERAL that may be imposed by the relevant public
records laws of the State of Indiana, or by order of any court, regarding the maintenance or
disclosure of documents and information supplied to the ATTORNEY GENERAL except with
respect to the obligation to notify EQUIFAX of any potential disclosure.
62. Consumer Relief and Internal Metrics Report: EQUIFAX shall prepare a
report regarding its compliance with Paragraphs 53, 55, and 56 (“Consumer Remedies Report”)
as outlined below.
a. The reporting periods for the Consumer Remedies Reports must cover:
(1) the first one-hundred and eighty (180) days after August 22, 2019 for the initial Consumer
Remedies Report; and (2) each one-year period thereafter for the following five (5) years.
b. The Consumer Remedies Reports shall include the following information
and metrics:
i. An organizational chart identifying the individuals employed or
contracted by EQUIFAX to respond to consumer complaints related to the 2017 DATA
BREACH as specified in Paragraph 56(d) and complaints submitted through the ATTORNEY
GENERAL as specified in Paragraph 56(c), identified by their titles with a number designating
how many staff are assigned to each position;
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ii. A description of the training EQUIFAX provides to first-line
employees or contractors responsible for directly responding to consumers;
iii. A count of the number of complaints EQUIFAX received, broken
down by telephone, email, or regular mail, in which the consumer’s complaint relates to the 2017
DATA BREACH as specified in Paragraph 56(d);
iv. The number of fraud alerts placed on EIS CREDIT FILES for
United States consumers;
v. The number of security freezes placed, temporarily lifted, or
permanently removed on EIS CREDIT FILES;
vi. The number of security freezes placed on behalf of PROTECTED
CONSUMERS on EIS CREDIT FILES;
vii. The number of complaints received by EQUIFAX from the
ATTORNEY GENERAL pursuant to Paragraph 56(c); and
viii. For the complaints listed in subsection vii EQUIFAX shall indicate
whether they were resolved within fifteen (15) business days.
c. Each Consumer Remedies Report must be completed within sixty (60)
days after the end of the reporting period to which the Consumer Remedies Report applies.
EQUIFAX shall provide a copy of the Consumer Remedies Report to the ATTORNEY
GENERAL within ten (10) business days of the completion of the Consumer Remedies Report.
d. The Consumer Remedies Report and all information contained therein, to
the extent permitted by the laws of the State of Indiana: shall be treated by the ATTORNEY
GENERAL as confidential; shall not be shared or disclosed; and shall be treated by the
ATTORNEY GENERAL as exempt from disclosure under the relevant public records laws of
the State of Indiana. In the event that the ATTORNEY GENERAL receives any request from
the public for the Consumer Remedies Report or other confidential documents under this
Judgment and believes that such information is subject to disclosure under the relevant public
records laws, the ATTORNEY GENERAL agrees to provide EQUIFAX with at least ten (10)
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days advance notice before producing the information, to the extent permitted by state law (and
with any required lesser advance notice), so that EQUIFAX may take appropriate action to
defend against the disclosure of such information. The notice under this paragraph shall be
provided consistent with the notice requirements contained in Paragraph 79. Nothing contained
in this subparagraph shall alter or limit the obligations of the ATTORNEY GENERAL that may
be imposed by the relevant public records laws of the State of Indiana, or by order of any court,
regarding the maintenance or disclosure of documents and information supplied to ATTORNEY
GENERAL except with respect to the obligation to notify EQUIFAX of any potential disclosure.
IV. DOCUMENT RETENTION
63. EQUIFAX shall retain and maintain the reports, records, exceptions, information
and other documentation required by Paragraphs 31.a, 36.c, 37, 40.a, 40.f, 40.h, 40.i, 61, and 62
for a period of no less than seven (7) years.
V. MULTI-DISTRICT LITIGATION CONSUMER RESTITUTION
64. Consumer Restitution Fund:
a. As further described below, Equifax Inc. shall pay an amount of at least
Three Hundred Million Dollars ($300,000,000), and no more than Four Hundred and Twenty-
Five Million ($425,000,000), for the purpose of providing restitution to AFFECTED
CONSUMERS, including the cost of the Three-Bureau Credit Monitoring Services set forth in
Paragraph 43 and the monitoring for minors set forth in Paragraph 45.a.
b. Equifax Inc. shall make the payments described in subsection (a) into a
fund (the “Consumer Restitution Fund”) established pursuant to a court-approved settlement in
the MULTI-DISTRICT LITIGATION that pays for restitution and redress to AFFECTED
CONSUMERS that includes the Three-Bureau Credit Monitoring Services set forth in
Paragraph 43 and the monitoring for minors set forth in Paragraph 45.a and may also include
other restitution and redress to AFFECTED CONSUMERS provided through the MULTI-
DISTRICT LITIGATION.
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c. The Consumer Restitution Fund shall be established and administered,
payments shall be made by Equifax Inc., and consumer restitution shall be disbursed from the
Consumer Restitution Fund in accordance with the terms of the court-approved settlement in the
MULTI-DISTRICT LITIGATION.
d. If the FTC and the CFPB jointly issue a written notice of termination
pursuant Section XI(A) of the FTC STIPULATED ORDER and Section XI.I of the CFPB
STIPULATED ORDER, the ATTORNEY GENERAL and EQUIFAX agree that the payment/s
required by this paragraph may instead be satisfied in its or their entirety by:
i. Equifax Inc. making payments in accordance with the terms of the
FTC and CFPB STIPULATED ORDERS. Such amounts shall be deposited into a fund and
administered by the FTC or its designee in accordance with the terms of the FTC and CFPB
STIPULATED ORDERS to be used for consumer restitution and redress on behalf of the FTC,
CFPB, the ATTORNEY GENERAL, and the Attorneys General of other states; and
ii. The ATTORNEY GENERAL and EQUIFAX will coordinate with
the FTC and/or CFPB so that AFFECTED CONSUMERS receive materially similar restitution
as that set forth in Paragraphs 43 and 45.a of this Judgment.
VI. MONETARY PAYMENT
65. No later than forty-five (45) days after the EFFECTIVE DATE, Equifax Inc. shall
pay a total of Nineteen Million Five Hundred Thousand Dollars ($19,500,000.00) to the State of
Indiana for restitution to AFFECTED CONSUMERS (including the costs of administering the
payment of restitution). The payment shall be made by wire transfer pursuant to instructions to
be provided by the ATTORNEY GENERAL within seven (7) days after the EFFECTIVE
DATE. Within thirty (30) days after the final distribution of restitution is made, the ATTORNEY
GENERAL will provide EQUIFAX with information regarding the final total amounts of
distributions that were made to AFFECTED CONSUMERS and associated costs of
administration.
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VII. RELEASE
66. Following full payment of the amounts due under this Judgment, the State of
Indiana shall release and discharge EQUIFAX and its directors, officers, and employees from all
civil claims alleged in the Complaint, and any civil claims that it pursued or could have brought
in this action, including, but not limited to, claims based on EQUIFAX’s conduct related to the
2017 DATA BREACH, under the DCSA or DSBA, the Fair Credit Reporting Act, 15 U.S.C.
§ 1681 et seq., and any state credit reporting law, or common law claims, including those
concerning unfair, deceptive, or fraudulent trade practices. Nothing contained in this paragraph
shall be construed to limit the ability of the ATTORNEY GENERAL to enforce the obligations
that EQUIFAX has under this Judgment.
67. Notwithstanding any term of this Judgment, any and all of the following forms of
liability are specifically reserved and excluded from the release in Paragraph 66 as to any entity
or person, including EQUIFAX:
a. Any criminal liability that any person or entity, including EQUIFAX, has
or may have to the States.
b. Any civil or administrative liability that any person or entity, including
EQUIFAX, has or may have to the States under any statute, regulation or rule giving rise to, any
and all of the following claims:
i. State or federal antitrust violations;
ii. State or federal securities violations; or
iii. State or federal tax claims.
68. Nothing in this Judgment shall be construed as excusing or exempting EQUIFAX
from complying with any state or federal law, rule, or regulation, nor shall any of the provisions
of this Judgment be deemed to authorize or require EQUIFAX to engage in any acts or practices
prohibited by any law, rule, or regulation.
VIII. NO ADMISSION OF LIABILITY
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69. Violations of Law: In stipulating to the entry of this Judgment, EQUIFAX does
not admit to any violation of or liability arising from any state, federal, or local law.
70. Nothing contained in this Judgment shall be construed as an admission or
concession of liability by EQUIFAX, or create any third-party beneficiary rights or give rise to
or support any right of action in favor of any consumer or group of consumers, or confer upon
any person other than the parties hereto any rights or remedies. By entering into this Judgment,
EQUIFAX does not intend to create any legal or voluntary standard of care and expressly denies
that any practices, policies, or procedures inconsistent with those set forth in this Judgment
violate any applicable legal standard. This Judgment is not intended to be and shall not be
construed as, deemed to be, represented as, or relied upon in any manner by any party in any
civil, criminal, or administrative proceeding before any court, administrative agency, arbitration,
or other tribunal as an admission, concession, or evidence that EQUIFAX has violated any
federal, state, or local law, or that EQUIFAX’s current or prior practices related to the 2017
DATA BREACH or its information security program is or was not in accordance with any
federal, state, or local law.
IX. GENERAL PROVISIONS
71. Nothing herein shall be construed to exonerate any failure to comply with any
provision of this Judgment after the EFFECTIVE DATE, or to compromise the authority of the
ATTORNEY GENERAL to initiate a proceeding for any failure to comply with this Judgment.
72. Nothing in this Judgment shall be construed to limit the authority or ability of the
ATTORNEY GENERAL to protect the interests of Indiana or the people of Indiana. This
Judgment shall not bar the ATTORNEY GENERAL or any other governmental entity from
enforcing laws, regulations, or rules against EQUIFAX for conduct subsequent to or otherwise
not covered by this Judgment. Further, nothing in this Judgment shall be construed to limit the
ability of the ATTORNEY GENERAL to enforce the obligations that EQUIFAX has under this
Judgment.
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73. Nothing in this Judgment shall be construed as relieving EQUIFAX of the
obligation to comply with all state and federal laws, regulations, and rules, nor shall any of the
provisions of this Judgment be deemed to be permission to engage in any acts or practices
prohibited by such laws, regulations, and rules.
74. EQUIFAX shall deliver a copy of this or a substantially similar Judgment to, and
otherwise fully apprise, its Chief Executive Officer, Chief Technology Officer, Chief
Information Security Officer, each of its Business Information Security Officers, Patch
Supervisor designated pursuant to this Judgment, General Counsel, and Board of Directors
within ninety (90) days of the EFFECTIVE DATE. To the extent EQUIFAX replaces any of the
above listed officers, counsel, or Directors, EQUIFAX shall deliver a copy of this or a
substantially similar Judgment to their replacements within ninety (90) days from the date on
which such person assumes his/her position with EQUIFAX.
75. EQUIFAX shall not participate in any activity or form a separate entity or
corporation for the purpose of engaging in acts or practices in whole or in part that are prohibited
by this Judgment or for any other purpose that would otherwise circumvent any term of this
Judgment. EQUIFAX shall not knowingly cause, permit, or encourage any other persons or
entities acting on its behalf, to engage in practices prohibited by this Judgment.
76. EQUIFAX agrees that this Judgment does not entitle it to seek or to obtain
attorneys’ fees as a prevailing party under any statute, regulation, or rule, and EQUIFAX further
waives any right to attorneys’ fees that may arise under such statute, regulation, or rule.
77. This Judgment shall not be construed to waive any claims of sovereign immunity
Indiana may have in any action or proceeding.
78. If any portion of this Judgment is held invalid or unenforceable, the remaining
terms of this Judgment shall not be affected and shall remain in full force and effect.
79. Whenever EQUIFAX shall provide notice to the ATTORNEY GENERAL under
this Judgment, that requirement shall be satisfied by sending notice to:
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Douglas S. Swetnam
Section Chief, Data Privacy & Identity Theft Unit
Office of the Indiana Attorney General
302 West Washington St., 5th Floor
Indianapolis, IN 46204
Any notices or other documents sent to EQUIFAX pursuant to this Judgment shall be sent to the
following address:
Chief Legal Officer
Equifax Inc.
1550 Peachtree Street, N.W.
Atlanta, GA 30309
David L. Balser
King & Spalding LLP
1180 Peachtree Street, N.E.
Suite 1600
Atlanta, GA 30309
S. Stewart Haskins, II
King & Spalding LLP
1180 Peachtree Street, N.E.
Suite 1600
Atlanta, GA 30309
All notices or other documents to be provided under this Judgment shall be sent by United States
mail, certified mail return receipt requested, or other nationally recognized courier service that
provides for tracking services and identification of the person signing for the notice or document,
and shall have been deemed to be sent upon mailing. Any party may update its designee or
address by sending written notice to the other party informing them of the change.
80. If the ATTORNEY GENERAL reasonably believes that EQUIFAX has failed to
comply with any of Paragraphs 9 through 63 of this Judgment, and if in the ATTORNEY
GENERAL’s sole discretion the failure to comply does not threaten the health or safety of the
citizens of the State of Indiana and/or does not create an emergency requiring immediate action,
the ATTORNEY GENERAL shall provide notice to EQUIFAX of such alleged failure to
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comply and EQUIFAX shall have thirty (30) days from receipt of such notice to provide a good
faith written response, including either a statement that EQUIFAX believes it is in full
compliance with the relevant provision or a statement explaining how the violation occurred,
how it has been addressed or when it will be addressed, and what EQUIFAX will do to make
sure the violation does not occur again. The ATTORNEY GENERAL may agree to provide
EQUIFAX with more than thirty (30) days to respond. The ATTORNEY GENERAL shall
receive and consider the response from EQUIFAX prior to initiating any proceeding for any
alleged failure to comply with this Judgment.
81. In the event that technological or industry developments or other intervening
changes in law or fact cause EQUIFAX to believe that elimination or modification of this
Judgment is warranted or appropriate, EQUIFAX will provide notice to the ATTORNEY
GENERAL. If the Parties reach a mutual agreement that elimination or modification of a
provision is appropriate, they may jointly petition the Court to eliminate or modify such
provision. If the Parties fail to reach an agreement, EQUIFAX may petition the Court to
eliminate or modify such provision.
82. Jurisdiction is retained by the Court for the purpose of enabling any party to the
Judgment to apply to the Court at any time for such further orders and directions as may be
necessary or appropriate for the construction or the carrying out of this Judgment, for the
modification of any of the injunctive provisions hereof, for enforcement of compliance herewith,
and for the punishment of violations hereof, if any.
83. The clerk is ordered to enter this Judgment forthwith.
ORDERED AND ADJUDGED at INDIANAPOLIS, INDIANA, this _____ day of
________, 2020.
____________________________
Judge of the Superior Court